New Hampshire Revised Statutes 141-G:10 – Application for Testing Order
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I. Subject to N.H. Rev. Stat. § 141-G:9, a person may apply to the court for a testing order if such person has had an unprotected exposure to blood or body fluids from a source individual in any of the following circumstances:
(a) While providing or receiving emergency health services; or
(b) While performing his or her duties as a firefighter, emergency medical technician, paramedic or other emergency medical care provider, police officer, probation officer, peace officer, person who gives aid at the scene of an emergency or to the victim of crime under N.H. Rev. Stat. § 508:12, or healthcare provider; or
(c) While being involved in activities defined in rules adopted under N.H. Rev. Stat. § 141-G:19.
II. If a person who had an unprotected exposure to blood or body fluids from a source individual in a circumstance referred to in paragraph I is unable to apply for a testing order under paragraph I, a representative of the person may apply on behalf of the person.
III. An application for a testing order shall:
(a) Include a medical evaluation, including a blood test, by a physician, physician assistant, or advanced practice registered nurse confirming that the exposure to the source individual puts the applicant at reasonable risk for possible exposure to a bloodborne pathogen;
(b) Be made within 20 days of the date of the exposure referred to in paragraph I;
(c) Be made in accordance with the rules adopted under this subdivision; and
(d) Be served on the source individual at least 4 days before the court hears the application.
IV. The court shall hear an application for a testing order as soon as practicable and may, on application or on the court’s own motion, order that the public is excluded from all or part of a hearing.
V. If giving notice is impossible or impracticable, the court may hear ex parte an application made under paragraph I without notice to the source individual if the applicant satisfies the court by a preponderance of the evidence that complying with paragraph II or subparagraph III(d) within a reasonable time is impossible or impracticable and is necessary to decrease or eliminate the risk to the health of the applicant as a result of the exposure.
(a) While providing or receiving emergency health services; or
Terms Used In New Hampshire Revised Statutes 141-G:10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) While performing his or her duties as a firefighter, emergency medical technician, paramedic or other emergency medical care provider, police officer, probation officer, peace officer, person who gives aid at the scene of an emergency or to the victim of crime under N.H. Rev. Stat. § 508:12, or healthcare provider; or
(c) While being involved in activities defined in rules adopted under N.H. Rev. Stat. § 141-G:19.
II. If a person who had an unprotected exposure to blood or body fluids from a source individual in a circumstance referred to in paragraph I is unable to apply for a testing order under paragraph I, a representative of the person may apply on behalf of the person.
III. An application for a testing order shall:
(a) Include a medical evaluation, including a blood test, by a physician, physician assistant, or advanced practice registered nurse confirming that the exposure to the source individual puts the applicant at reasonable risk for possible exposure to a bloodborne pathogen;
(b) Be made within 20 days of the date of the exposure referred to in paragraph I;
(c) Be made in accordance with the rules adopted under this subdivision; and
(d) Be served on the source individual at least 4 days before the court hears the application.
IV. The court shall hear an application for a testing order as soon as practicable and may, on application or on the court’s own motion, order that the public is excluded from all or part of a hearing.
V. If giving notice is impossible or impracticable, the court may hear ex parte an application made under paragraph I without notice to the source individual if the applicant satisfies the court by a preponderance of the evidence that complying with paragraph II or subparagraph III(d) within a reasonable time is impossible or impracticable and is necessary to decrease or eliminate the risk to the health of the applicant as a result of the exposure.